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Seanad
‹ Order of Business

Protection from unlawful repossession

Summary

Senators condemn alleged bank and finance-company intimidation, including forced entry, threats and seizure of property. They call for public-interest directors and stronger laws to ensure repossessions occur only through proper court and sheriff procedures.

I agree with my colleague, Senator Wilson, on the issue of the banks and financial institutions terrorising people throughout the country. In the case in Wexford, the individuals employed by Friends First entered a farmyard by cutting a gate open at 5.30 a.m. and, effectively, stole a tractor from the yard. Friends First issued a statement this afternoon justifying its actions on the basis that they were within the law. If they are within the law, it is time the Government changed the law to protect the citizens of this country. People are at breaking point. How can financial institutions employ gangsters to remove property from people's private dwellings and farmyards? It is a disgrace. That is just one case, and there are hundreds of other cases throughout the country where bank personnel are arriving at doors and asking individuals to pay money which they simply cannot afford to pay. It is time the Government stopped the play-acting and messing around with the banks.

It appears the Government is in bed with the banks at the expense of the people.

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That is not true.

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Who passed the bank guarantee?

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The Government extended it.

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And the Labour Party.

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Paddy Burke An Cathaoirleach Fine Gael

Senator Ó Domhnaill to continue, without interruption. Does the Senator have a question for the Leader?

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I do. For some time we have requested a specific debate on the messing in which the banks are engaged and the role of the public interest directors, although Friends First is not included, and why they cannot come before the House and explain their actions on behalf of taxpayers. It is time we heard from those individuals.

The family unit will be attacked in tomorrow's budget, child benefit is due to be cut. The Labour Party is standing over the least well-off workers, anyone who is earning-----

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Can the Senator wait until the budget is over?

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Paddy Burke An Cathaoirleach Fine Gael

The Senator's time has expired.

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The PRSI contribution will be charged on the first €127. It is an absolute disgrace.

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Paddy Burke An Cathaoirleach Fine Gael

Does the Senator have a question for the Leader?

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Fianna Fáil has put forward an alternative proposal. The Labour Party-----

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Fianna Fáil put us in this mess.

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It is time to attack the cronies who are the high earners.

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The developers.

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You are the developer Jimmy, you are the auctioneer.

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I raise the matter of the repossession of property. I have just left the family home of the people concerned. It is terrible to see people trading on the fringes of the law - I would go so far as to say trading on criminality - breaking into somebody's property, stealing property, with no paperwork whatsoever, and threatening family members, including a 16 year old boy, that if he made a telephone call, he would be killed. I disagree with Senator Ó Domhnaill. I raised this matter exactly 12 months ago but nothing has been done.

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The Government voted against the Family Home Bill by three votes.

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Paddy Burke An Cathaoirleach Fine Gael

Senator Michael D'Arcy to continue, without interruption, please.

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Nothing has been done in this area. It is not the Government that exclusively makes laws in this or the other House, it is us.

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It is the banks.

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The issue is not that difficult to deal with. The law is quite clear on how to repossess property. The only person who has the legal authority to enter a person's property is a representative of the county sheriff, following a court order, and following a second order, that order has to be implemented and then the county sheriff has the legal right to enter a person's property. The difficulty is that the banks say they are operating within the law. That is an interpretation of the law. Our role is to change the law and that can be easily done.

There are three items that can be put in place either by ministerial order or a simple Private Members' Bill, to which we can all be party. First, a representative of the county sheriff must be present on every occasion when property is being repossessed. Second, it must be done by appointment and, third, it must be done during working hours. No more should people have to jump out of their beds, believing somebody is breaking into their property and stealing property that belongs to them. It is easy to stand up and parade everybody but I would like to see an all-party motion come from the Seanad. Too often we say the House is irrelevant. Let us be relevant on this issue. I am sure, with the Leader's consent, that with whoever is next up for Private Members' business we could draft a simple Bill if this cannot be done by ministerial order. That would end the practice of the banks issuing a statement to the effect that they are acting within the law. If we change the law, we have a result for the people of the country.

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David P.B. Norris Senator David Norris Independent

Good man. Let us unite behind the Senator's proposal.

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